Part X Rules and Guidance
Chapter III Competition Scrutiny
163 Role of the Treasury.
(1)
This section applies if the Competition Commission makes a report under section 162(2) which states its conclusion that there is a significantly adverse effect on competition.
(2)
If the Commission’s conclusion, as stated in the report, is that the adverse effect on competition is not justified, the Treasury must give a direction to the Authority requiring it to take such action as may be specified in the direction.
(3)
But subsection (2) does not apply if the Treasury consider—
(a)
that, as a result of action taken by the Authority in response to the Commission’s report, it is unnecessary for them to give a direction; or
(b)
that the exceptional circumstances of the case make it inappropriate or unnecessary for them to do so.
(4)
In considering the action to be specified in a direction under subsection (2), the Treasury must have regard to any conclusion of the Commission included in the report because of section 162(5)(b).
(5)
Subsection (6) applies if—
(a)
the Commission’s conclusion, as stated in its report, is that the adverse effect on competition is justified; but
(b)
the Treasury consider that the exceptional circumstances of the case require them to act.
(6)
The Treasury may give a direction to the Authority requiring it to take such action—
(a)
as they consider to be necessary in the light of the exceptional circumstances of the case; and
(b)
as may be specified in the direction.
(7)
The Authority may not be required as a result of this section to take any action—
(a)
that it would not have power to take in the absence of a direction under this section; or
(b)
that would otherwise be incompatible with any of the functions conferred, or obligations imposed, on it by or under this Act.
(8)
Subsection (9) applies if the Treasury are considering—
(a)
whether subsection (2) applies and, if so, what action is to be specified in a direction under that subsection; or
(b)
whether to give a direction under subsection (6).
(9)
The Treasury must—
(a)
do what they consider appropriate to allow the Authority, and any other person appearing to the Treasury to be affected, an opportunity to make representations; and
(b)
have regard to any such representations.
(10)
If, in reliance on subsection (3)(a) or (b), the Treasury decline to act under subsection (2), they must make a statement to that effect, giving their reasons.
(11)
If the Treasury give a direction under this section they must make a statement giving—
(a)
details of the direction; and
(b)
if the direction is given under subsection (6), their reasons for giving it.
(12)
The Treasury must—
(a)
publish any statement made under this section in the way appearing to them best calculated to bring it to the attention of the public; and
(b)
lay a copy of it before Parliament.